Making regulations

Under the Act, regulations can to be made to classify activities and set out specific standards and requirements.

The Government intends that the regulation of activities be:

proportionate to their likely environmental effect and the effect on existing interests

cost effective

consistent with our international obligations under the United Nations Convention on the Law of the Sea.

Classifying activities

The Act allows the Minister for the Environment to classify activities as:

Permitted

The activity can be undertaken provided the operator meets conditions specified in regulations.

Non-notified discretionary

Activities can be undertaken if applicants obtain a marine consent from the Environmental Protection Authority (EPA). The EPA may grant or decline consent and place conditions on the consent. The consent application will not be publicly notified.

Discretionary

Activities can be undertaken if applicants obtain a marine consent from the relevant marine consent authority (EPA, or Board of Inquiry from 1 June 2017). The marine consent authority may decline or grant a consent and place conditions on the consent. The consent application will be publicly notified, submissions will be invited and hearings will be held if requested by any party including submitters.

Prohibited

The activity may not be undertaken.

The classification chosen will depend on a number of considerations outlined in section 33 of the Act including the environmental effects of the activity, the importance of protecting rare and vulnerable ecosystems and the economic benefit to New Zealand of an activity.